Full question:
My son and I purchased a vehicle less than a week ago (on 24 Feb) from a seller. The vehicle has 160K miles with no warranty. On the day of purchase, we picked the vehicle up and went directly to National Tire and Battery to have them adjust the alignment and perform an inspection of the engine. The technician on duty stated that the vehicle could not be properly aligned and that there was an undetectable oil leak. He also, told us that the radiator was empty. I immediately called the seller and told him about the problems. He instructed us to return the vehicle. The technician topped off the engine oil and radiator with fluids. On the way back to the seller's location, the vehicle's radiator blew up and the car died about 8 miles from the seller's location. The vehicle had been driven approximately 40 miles before it died. When I called the seller, he tried to say that we had done something to the vehicle, because it was running fine previously and refused to give our money back. The next day, the seller had the vehicle picked up and towed to his mechanic's location. The radiator was replaced and the dealer dropped the vehicle off at my house unannounced on February 26. We did not receive any transfer paperwork and the dealer refuses to answer my phone calls. Is it possible for us to get a refund for this vehicle?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Texas
Answer:
Courts may allow a party to rescind a contract for reasons such as fraud, incapacity, duress, undue influence, material breach, or mistake. To prove fraud, you must show that the seller intended to deceive you. If you relied on misleading statements and were harmed, you might recover damages. Fraud can also occur through nondisclosure of important facts.
To establish a material breach of contract, you need to demonstrate that the breach was significant enough to render the transaction worthless. Whether there has been a material breach or fraud is ultimately a subjective determination made by the court, based on the specific facts and circumstances of your case. If a breach or fraud is found, the contract may be rescinded, and damages could be awarded.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.